North Dakota Conversion Law
United States of America v. Brandon Adam Leingang
Bismarck, ND - Solen North Dakota Man Sentenced for Theft of Farm Service Agency<br> <br> Brandon Adam Leingang, 33, Solen, ND., was sentenced before Chief US District Judge Daniel L. Hovland to serve two (2) years of supervised release. Judge Hovland also ordered that Leingang pay restitution to be determined in 60 days, a $1000 fine, and a $100 special assessment to the Crime Victim’s Fund. Le... More...
$0 (03-01-2017 - ND)Kittleson v. Grynberg Petroleum Company,
In 1991, Grynberg Petroleum Company and Kittleson's predecessor in interest, Tyronne and Marilyn Kittleson, entered into an oil and gas lease. The parties also executed a separate rider that modified and amended the lease. The royalty clause of the lease provides in part:<br> <br> Lessee [Grynberg] shall pay Lessor [Kittleson] the market value at the well for all gas (including all substances cont... More...
$0 (02-24-2016 - ND)Poppe v. Stockert
Undisputed evidence shows the Poppes rented a house from Hillis for five years, until February 4, 2013 when Hillis served them with an eviction notice for unpaid rent. The district court ordered the Poppes to vacate the property by February 20 at 12:00 p.m. and entered a money judgment against them for $1,544 for past due rent. The Poppes requested and received permission from Hillis to remain on ... More...
$0 (11-28-2015 - ND)Prairie Supply, Inc. v. Apple Electric, Inc.,
Prairie Supply, Inc. ("Prairie") appeals from a district court judgment ordering Prairie to pay Apple Electric, Inc. ("Apple") damages for conversion by the wrongful repossession of ground heaters. We affirm, concluding our review of the issues raised by Prairie on appeal is limited to the issue of damages, and the award of damages to Apple is supported by the evidence.<br> <br> I<br> <br> [¶2] I... More...
$0 (07-31-2015 - ND)Louise Broten v. James Broten
[¶1] James Broten appealed from a judgment and amended judgment, following a bench trial, finding that as personal representative to Olaf Broten's estate, he had breached his fiduciary duties by transferring real property to himself, and awarding Louise Broten damages in the amount of the fair market value of the property. We affirm and remand for further proceedings.<br> <br> I<br> <br> [¶2] Ja... More...
$0 (05-27-2015 - ND)United States of America v. Tim Koropatnicki and Delyte Koropatnicki
FARGO - Tim Koropatnicki, 56, and Delyte Koropatnicki, 55, both from Pingree, North Dakota, were sentenced before U. S. District Judge Ralph R. Erickson. Tim Koropatnicki pled guilty to a felony charge of Unauthorized Use of Benefits and Delyte Koropatnicki pled guilty to a misdemeanor offense of Conversion of Public Money, Property, or Records. Judge Erickson sentenced each to a term of eighteen ... More...
$0 (04-20-2015 - ND)Harry W. Chornuk v. Craig Nelson
[¶1] Craig and Julie Nelson appeal from a judgment quieting title in certain real property in Harry and Linda Chornuk and awarding the Chornuks damages for conversion, and from an amended judgment modifying the damage award. The Nelsons argue the district court erroneously found they did not purchase the property in good faith and erred in quieting title of the property in favor of the Chornuks. ... More...
$0 (12-22-2014 - ND)Craig Anderson v. Marvin Zimbelman
[¶1] Roger Sundsbak, George Bitz and Northern Livestock Auction (collectively "Northern Livestock") appeal a district court judgment granting Craig T. Anderson's motion for summary judgment and denying Northern Livestock's motion to amend their counterclaim. Anderson is First Western Bank & Trust's (the "Bank") assignee. Northern Livestock argues the district court erred as a matter of law by ent... More...
$0 (02-13-2014 - ND)Jason Balvitsch v. Dakota Burger N Fries Corporation
[¶1] Jon Tollefson appeals from a district court order holding him in contempt of court and ordering him to pay $750 in attorney's fees to Jason Balvitsch and Chad Weisgram. We reverse, concluding Tollefson did not have adequate notice of the contempt proceeding.<br><br>I<br><br>[¶2] Balvitsch and Weisgram sued Tollefson for breach of contract, conversion, unjust enrichment, and other claims. Th... More...
$0 (02-18-2014 - ND)Center for Special Needs, etc. v. Carol Olson, etc.
This case addresses the effect of a pooled special-needs trust created by an over-65-year-old beneficiary on his Medicaid benefits. The Center for Special Needs Trust Administration, a section 501(c)(3) non-profit, appeals a summary judgment in favor of the North Dakota Department of Human Services. Invoking 42 U.S.C. § 1983 and the Constitution's Supremacy Clause, Article VI, clause 2, the Cen... More...
$0 (04-16-2012 - ND)Roger Hildenbrand v. Capital RV Center, Inc.
[¶1] Roger Hildenbrand appeals from a judgment dismissing his claims against Capital RV Center, Inc., and awarding Capital possession of and title to his 2007 Paradise Point fifth wheel camper after a jury decided Capital did not breach a contract with Hildenbrand. Hildenbrand also appeals from an order denying his post-trial motion. Limiting our review to the issues as they are presented to us, ... More...
$0 (02-11-2011 - ND)Lawrence Danduran, Jr. v. Kip M. Kaler
The Debtor appeals the bankruptcy court's order sustaining the Trustee's objection to a portion ($7,700) of the Debtor's homestead exemption. For the reasons set forth below, we reverse.<br> <br> I. STANDARD OF REVIEW<br> <br> Findings of fact are reviewed for clear error, and legal conclusions are reviewed de novo.1 A bankruptcy court's denial of a claim of exemption is a final, appealable order.... More...
$0 (11-23-2010 - ND)<a href="http://www.court.state.nd.us/court/opinions/20010082.htm" target="_new">Janice A. Piatz, et al. v. Austin Mutual Insurance Company</a>
[1] Janice Piatz and Rebecca Johnson appeal from the trial court's judgment dismissing their claims against Austin Mutual Insurance Company for breach of contract and bad faith. We affirm. <P> I <P> [2] On July 2, 1997, Janice Piatz and her daughter, Rebecca Johnson, were both injured in an accident when a Barnes County mower tractor made a sudden left turn in front of their pickup on a highwa... More...
$0 (07-11-2002 - ND)<a href="http://www.court.state.nd.us/COURT/OPINIONS/20010241.htm" target="_new">Grey Bear v. N.D. Department of Human Services</a>
[1] Delano Grey Bear and Robert V. Bolinske appeal from a judgment dismissing Grey Bear's claims against the Department of Human Services for intentional infliction of emotional distress and governmental bad faith, and granting summary judgment in favor of the Department on its claim for conversion. We affirm in part, and reverse in part. I [2] Delano Grey Bear was paralyzed from the neck ... More...
$0 (08-30-2002 - ND)<a href="http://www.court.state.nd.us/COURT/OPINIONS/20010241.htm" target"_new">Grey Bear v. N.D. Department of Human Services</a>
[1] Delano Grey Bear and Robert V. Bolinske appeal from a judgment dismissing Grey Bear's claims against the Department of Human Services for intentional infliction of emotional distress and governmental bad faith, and granting summary judgment in favor of the Department on its claim for conversion. We affirm in part, and reverse in part. <P> <center>I</center> <P> [2] Delano Grey Bear was p... More...
$20000 (08-30-2002 - ND)<a href="http://www.court.state.nd.us/court/opinions/20010127.htm" target="_new">Rosalia Anderson, et al. v. Kenneth C. Heinz</a>
[1] Kenneth C. Heinze has appealed a judgment entered in an eviction action brought by Rosalia Anderson and Gary Jorisson. We conclude Heinze had no right of possession after expiration of his lease and the trial court properly ordered him to vacate the leased premises or be evicted. We affirm. <P> I <P> [2] On February 1, 2000, Donald Anderson and Heinze executed an agreement by which Ander... More...
$0 (04-16-2002 - ND)Karla Paxton v. Theodore and Sandra Wiebe
Wrongful eviction, conversion, and intentional infliction of emotional distress claims by former tenant against landlord. In late-September 1994, Karla Paxton moved from Montana to Beulah, North Dakota. With the assistance of a women's resource center, Paxton rented a mobile home from Theodore and Sandra Wiebe who owned a small trailer court and did not require a deposit or a written lease. Th... More...
$712 (12-24-1996 - ND)